PROCEDURE-COURT

Court Vacates Settlement Agreement Based on Potential Rent Overcharge

June 27, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $4,300. Landlord and tenant settled the case in court by which landlord agreed to make repairs and tenant agreed to...

Landlord's Proof of Defaulting Tenant's Nonmilitary Status Insufficient

June 24, 2017    

Landlord sued to evict tenant for nonpayment of rent. Landlord sought a default judgment after tenant failed to appear and claimed that tenant wasn't in military service. The court ruled against landlord, finding...

Landlord Didn't Have to Name Tenant's Husband in Court Papers

May 30, 2017    

Landlord sued to evict tenant for keeping a dog in violation of her lease. At trial, tenant asked the court to dismiss the case because landlord hadn't named tenant's husband as a party to the case, even...

No Proof Landlord Delivered Copy of Termination Notice to NYCHA

May 30, 2017    

Landlord sued to evict tenant who received Section 8 benefits. Tenant asked the court to dismiss the case, finding that there was no proof that landlord sent NYCHA a copy of the termination notice. Landlord argued...

Landlord Can't Sue Guarantor for Rent Arrears in Eviction Proceeding

May 22, 2017    

Landlord sued to evict tenant for nonpayment of rent and joined tenant’s guarantor as a party to that case. The guarantor filed an answer but didn’t appear for trial. The court ruled for landlord and got...

Tenant Who Didn't Show Any Rent Overcharge Can't Vacate Settlement Agreement

May 22, 2017    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement and judgment, claiming...

Landlord Doesn't Prove There Was a Renewal Lease Corresponding to Its Nonrenewal Notice

May 22, 2017    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant’s latest renewal lease started on Dec. 1, 2010, and ended on Nov. 30, 2012, and that landlord sent a...

Landlord Gets Money Judgment in Nonpayment Case Without Personal Delivery of Court Papers to Tenant

April 28, 2017    

Landlord sued to evict tenant for nonpayment of rent. The Rochester city court ruled for landlord in part based on tenant’s failure to appear. Landlord was entitled to a judgment of possession and eviction...

Landlord Must Produce Witness List Before Nuisance Trial

April 28, 2017    

Landlord sued to evict tenant for creating a nuisance. Tenant sought pretrial document production from landlord. The court ruled for tenant, who later asked the court to dismiss the case based on landlord’s...

Landlord Renewed Tenant's Lease After Terminating Tenancy

April 28, 2017    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord sent tenant a renewal lease after terminating the tenancy. Landlord argued that it...

Court Finds Process Server’s Signatures Inconsistent

April 28, 2017    

Landlord sued to evict two tenants for nonpayment of rent, then sought default judgments when tenants failed to respond. The court ruled against landlord. Affidavits of service indicated that a licensed process...

Tenants Can Pursue Class Action Against Landlord Based on Response to Superstorm Sandy

April 24, 2017    

Tenants sought to represent a class of residential and commercial tenants of their building, claiming that landlord was negligent by failing to properly secure the building prior to Superstorm Sandy and in connection...

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